REKHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of parties.

(2.) Respondent no.5 was served, but he did not appear. Hence, proceeded ex-parte against him.

(3.) The petitioner was the Sarpanch of Village Panchayat. She was removed under Sec. 14 (1) (J-3) of the Maharashtra Village Panchayat Act, 1958 ('Act of 1958' for short). It was alleged against her that her family had encroached upon the land adjacent to their property, No.169. The Block Development Officer had measured the plot/property No.169 and recorded the finding that 96 sq. ft. land adjacent to the house of the petitioner's family was encroached. They have constructed the washroom and wall compound on encroached land. It was an encroachment on the public road. Based upon the report of the Block Development Officer, the District Collector declared her disqualified from continuing as a member of the Panchayat under Sec. 14 (1) (J-3) of the Act of 1958. She had preferred an appeal before the Additional Commissioner, Aurangabad. He upheld the judgment and order of the Collector.